Google Scholar – an enormous database of state and federal case law, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
It is usually important to note that granting of seniority to a civil servant without the actual length of service nearly violates your entire service framework for a civil servant inducted in Quality seventeen by claiming these types of benefit without any experience be directly posted in any higher grade, which is neither the intention in the regulation nor with the equity. Read more
In that sense, case legislation differs from 1 jurisdiction to another. For example, a case in The big apple would not be decided using case law from California. As a substitute, New York courts will analyze the issue depending on binding precedent . If no previous decisions about the issue exist, Ny courts could possibly take a look at precedents from a different jurisdiction, that would be persuasive authority relatively than binding authority. Other factors for instance how old the decision is as well as the closeness towards the facts will affect the authority of the specific case in common regulation.
Ordinarily, the burden rests with litigants to appeal rulings (including those in apparent violation of proven case law) for the higher courts. If a judge acts against precedent, and also the case will not be appealed, the decision will stand.
thirteen . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some size, both parties have agreed to the disposal of the moment petition within the premise that the DIGP Malir will hear the petitioner together with private respondents and will consider care of all the areas of the case and assure that no harassment shall be caused to both the parties.
While there isn't any prohibition against referring to case regulation from a state other than the state in which the case is being heard, it holds little sway. Still, if there isn't any precedent from the home state, relevant case regulation from another state could be regarded by the court.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically lead to exoneration from departmental charges based within the same factual grounds. Even though a writ under Article 199 is out there in specific limited situations, it really is generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-study witnesses and present his/her defense but didn't convince the department of his/her innocence.
We've been an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of regulation also to protect the rights and liberties guaranteed via the Constitution and laws with the United States and this State.
Only the written opinions from the Supreme Court as well as Court of Appeals are routinely obtainable. Decisions with the decrease (trial) courts usually are not generally published or dispersed.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding achieved via the disciplinary authority is based on no evidence. Should the summary or finding is for example no reasonable person would have ever achieved, the Court may interfere with the summary or maybe the finding and mold the relief to make it suitable on the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or perhaps the nature of punishment. On the aforesaid proposition, we're fortified because of the decision on the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative in the legislation laid down through the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority in the parent department of the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and pay out the pension amount and other ancillary benefits for the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority of the respondent can be directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
ten. Based over the findings of your inquiry committee, this petition isn't viewed as maintainable and is also therefore liable to be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to note that neither seniority nor promotion will be the vested right of a civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular length of service for becoming entitled being regarded as for promotion to a higher quality, of course, will not be without logic as being the officer who's initially inducted to the particular post needs to provide about the said post to gain experience to hold the next higher post also to serve the public inside a befitting way.
Summaries offer a condensed overview of offences and their penalties, and the procedural aspects click here of prosecuting and punishing individuals accused of committing crimes.